Is an oath required for the claimant when they alone possess the evidence (Bayyinah)?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
If the evidence belongs solely to the claimant and not the defendant, judgment is passed based on that evidence without requiring the claimant to swear an oath. This is the established view within the Madhhab and is supported by the jurists of the cities, including Al-Zuhri, Abu Hanifa, Malik, and Al-Shafi'i. The evidence for this is the statement of the Prophet (peace be upon him) to the Hadrami man: "Your evidence or your oath; you have nothing besides that," and the saying, "The evidence is upon the claimant, and the oath is upon the defendant." Furthermore, evidence constitutes one of the two proofs for the claim, thus being sufficient, similar to the oath.
Supporting text
A dissenting opinion held by Shurayh, 'Awun ibn 'Abdillah, Al-Nakha'i, Al-Sha'bi, and Ibn Abi Layla mandates that the claimant must swear an oath along with presenting their evidence. Shurayh stated that even with sufficient witnesses, judgment would not be passed until the claimant swore an oath.